Arson Defense Attorney in the Finger Lakes Region of New York

Being charged with arson is a serious matter that carries significant legal consequences, including potential jail time, heavy fines, and lasting damage to your reputation. At Renna Law Office, PLLC, we specialize in providing skilled and aggressive defense for individuals facing arson charges in the Finger Lakes Region of New York, and the surrounding areas. Our experienced criminal defense attorneys understand the complexities of arson cases and are dedicated to protecting your rights throughout every stage of the legal process.

Common Arson Charges

Arson charges in New York are separated by degree depending on the type of property damaged, whether someone else was actually injured, whether there was a threat of damage to others, and the amount of actual damage caused. The degrees of arson in New York State are as follows:

What are Common Defenses for Arson Charges?

• Lack of Proof of Intent: The prosecution will try to prove malicious intent in starting the fire. However, a skilled attorney can try to establish that the fire was caused accidentally or recklessly.
• Natural Causes: It is possible for fires to be caused by natural means, such as wildfires or lightning strikes, and not due to malicious intent. Your attorney can highlight those issues when defending your case.
• Accidental Causes: It is possible for fires to be caused by everyday accidents, such as electrical malfunctions, gas leaks, or even a misplaced candle.
• Ownership & Lawful Purpose: Another defense to arson is ownership of the property with a lawful purpose for damaging it. As long as there is no reasonable ground to believe that the conduct might endanger the life or safety of another person or damage another building or motor vehicle, this is an affirmative defense to the charge of arson.
  

What are the penalties for arson charges in New York?

The penalties for arson charges vary greatly depending on the level of the offense.

• Arson in the Fifth Degree:  This is a Class A misdemeanor, punishable by up to one year in jail. Other sanctions include up to three years of probation, a one-year conditional discharge, or a combination of imprisonment and either probation or a conditional discharge.
• Arson in the Fourth Degree:  This is a Class E felony, punishable by a maximum of one and one-third to four years in prison. Other penalties include up to five years of probation or a three-year conditional discharge. The penalty can be harsher depending on the individual's criminal history.
• Arson in the Third Degree:  This is a Class C felony, punishable by a maximum of five to fifteen years in prison. Other penalties include a three-year conditional discharge, fines, and restitution. The penalty can be harsher depending on the individual's criminal history.
• Arson in the Second Degree:  This is a Class B violent felony for which imprisonment is mandatory. The period of imprisonment is between five and twenty-five years and includes between two and one-half and five years of post-release supervision. The penalty can also include fines and restitution. 
• Arson in the First Degree:  This is a Class A felony for which imprisonment is mandatory. The period of imprisonment ranges from a minimum of fifteen years to life to a maximum of twenty-five years to life.